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§ 9-12-5.Verdict may be molded

Chapter 12. Verdict and Judgment · Article 1. General Provisions · Last amended 1933 · Last verified July 17, 2026

In one sentenceO.C.G.A. § 9-12-5 lets the superior court, in a proper case, mold a verdict to achieve full justice between the parties, using the same flexibility a court of equity has in shaping relief.

Full Text of § 9-12-5

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In a proper case, the superior court may mold the verdict so as to do full justice to the parties in the same manner as a decree in equity.

Plain-English Summary

Some verdicts need more than a generous reading — they need reshaping before they can deliver a fair result. This section gives the superior court that power, though only in a proper case and only in service of doing full justice to the parties.

The standard the statute borrows — molding “in the same manner as a decree in equity” — reaches back to the flexibility equity courts traditionally had to shape relief around the facts of a case rather than forcing those facts into a rigid form. Applying that same latitude to a jury's verdict lets the court adjust its terms so the outcome matches what the case calls for.

Molding is discretionary, not automatic, and the power belongs to the superior court specifically. Once a court exercises it, the judgment that follows has to conform to the verdict as molded, carrying the adjustment forward into the final judgment and any execution built on it.

Frequently Asked Questions

What does it mean for a court to “mold” a verdict?

It means reshaping or adjusting the verdict's terms so the result matches what justice between the parties requires, rather than reading it in a strict technical way.

Is molding a verdict mandatory or discretionary?

Discretionary. The statute says the court “may” mold the verdict, and only in a proper case.

What standard guides whether a court molds a verdict?

Whether doing so is needed to do full justice to the parties.

Why does the section compare molding a verdict to a decree in equity?

Equity courts traditionally had wide latitude to fashion relief fitting the facts of a case, and this section extends that same flexibility to shaping a jury's verdict.

Which court holds this molding power?

The statute vests it specifically in the superior court.

Amendment History

Orig. Code 1863, § 3482; Code 1868, § 3504; Code 1873, § 3562; Code 1882, § 3562; Civil Code 1895, § 5333; Civil Code 1910, § 5928; Code 1933, § 110-106.

Source & verification. Section text and amendment history are reproduced verbatim from the Official Code of Georgia Annotated, published by the Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026. · Official source
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